JUDGMENT OF THE COURT
This is an appeal by Guyo Fora Duba, the appellant, against a conviction of murder contrary to section 203 as read with section 204 of the Penal Code entered against him by the High Court of Kenya at Nakuru (Nambuye, J.) on 12th October, 1999 following a trial for the murder of James Mutuku Muuku on 13th December, 1993 at Total Police Patrol Base, Molo in Nakuru District.
The evidence adduced by the prosecution is as follows. Both the appellant and the deceased were police officers attached to Molo Police Station. At the time of this incident both had just been posted to Total Police Patrol Base which is situated at the junction of Nakuru - Kisumu road. The main duty of this Base is to curb thuggery and general banditry along the highway. Before the appellant and the deceased were designated to the Base each of them had been issued with a firearm and ammunition and since there was no armoury at the Base each officer was personally keeping his firearm. All the offic…